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Statute of Limitations Disability

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Sheppard Mullin Richter & Hampton LLP

A Primer on When a Cause of Action Accrues for Statute of Limitations Purposes

In Bennett v. Ohio Nat’l Life Assur. Corp., 92 Cal. App. 5th 723, the California Court of Appeal addressed when the statute of limitations runs for a disability insurance claim. The Court held that the statute of limitations...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California School Teacher’s Claim That She Was Fired Due to a Computer Error

Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more

Proskauer - Employee Benefits & Executive...

No New Statute of Limitations Each Time An Alleged Miscalculated Disability Benefit Is Paid

The First Circuit recently held, in line with other circuits, that the statute of limitations for a claim of underpayment of long-term disability benefits does not accrue with each monthly benefit payment made, but instead...more

Laner Muchin, Ltd.

Employers Should Determine The Reasonableness Of Their Benefit Plans' Limitations Period Based On A Recent U.S. Supreme Court...

Laner Muchin, Ltd. on

In Heimeshoff v. Hartford Life & Accident Insurance Co., the Supreme Court recently upheld a plan-imposed limitations period on a participant’s right to file suit for benefits so long as that period is not unreasonably short...more

Littler

U.S. Supreme Court Holds that ERISA Plan Can Enforce Contractual Limitations Provision to Bar Benefit Claim Lawsuit

Littler on

The U.S. Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance Co. et al. resolved a split among the circuits when it held that a contractual limitations clause in an ERISA-governed long-term disability benefits...more

Proskauer - Employee Benefits & Executive...

Supreme Court Affirms Enforceability of Plan Limitations Provision

Resolving a split among the Courts of Appeal, the United States Supreme Court affirmed the Second Circuit in finding enforceable a limitations provision in a long term disability ERISA plan that set forth the length of the...more

Fisher Phillips

High Court Limits Timing Of Certain ERISA Claims

Fisher Phillips on

The U.S. Supreme Court unanimously upheld a contractual clause that limited a participant’s ability to file a lawsuit pursuant to a long-term disability (LTD) policy. The contractual limitation was three years from the date...more

Hinshaw & Culbertson LLP

SCOTUS Unlikely to Reject Three-Year Limit for Filing Lawsuit in ERISA Disability Claim

Hinshaw & Culbertson LLP on

The transcript from this morning’s oral argument at the United States Supreme Court reflects that a majority of justices seem poised to uphold an ERISA plan provision imposing a three-year limit for claimants to file their...more

Hinshaw & Culbertson LLP

Accrual of Statute of Limitations for ERISA Disability Claim to be heard by SCOTUS

Hinshaw & Culbertson LLP on

On October 15, 2013, the United States Supreme Court will conduct oral argument in Heimeshoff v. Hartford Life & Accident Ins. Co., et al., addressing the accrual of the statute of limitations for judicial review of an...more

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